The above-captioned case was originally scheduled for hearing on December 2, 2003.  At that time it was determined that a subcommittee of the Board should review this facility.  A subcommittee of the Board conducted an on-site inspection of the facility on January 6, 2004 at 10:00 am.  The subcommittee findings were scheduled to be presented to the Board that afternoon at 1:00 pm.  During the January 6, 2004 hearing, the Board determined that additional time would be necessary for the Pawtucket Fire Marshal and the Applicant to develop an approved plan of action.  The matter was thereupon reassigned to hearing on January 13, 2004.

	The above-captioned case was most recently scheduled for hearing on January 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Preiss, Richard, Wahlberg, Coutu, Filippi, OConnell and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 27, 2002 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the January 13, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the August 27, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).

CONCLUSIONS AND VARIANCE REQUESTS
	1(a).  The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain window access to fire escapes as a second means of egress from the living units of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  
	1(b).  The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the existing wall construction of the corridors and stairwells of this facility.  In granting this variance, the Board directs the Applicant to provide an additional class A coating on the walls at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.
	2(a).  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing fire escapes and access routes through the bedrooms of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.
	2(b).  It is the understanding of the Board that deficiency 2(b) is informational only and not a violation of state fire code.
	3(a).  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing stair rating with an additional layer of class A flame spread paint, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals office within 120 days of the date of this decision.
	3(b).  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing stair width.  This variance is based on structural hardship.
	3(c).  The Board hereby directs the Applicant to only utilize approved flame spread rated carpet upon replacement of the carpet within this facility.  Specifically, in the future, when the Applicant does replace the carpet in this facility, he shall replace it with carpet approved by the Pawtucket Fire Marshal at his direction and to his satisfaction.
	4(a).  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing door swing.
	4(b).  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.
	5.  The Board understands that deficiency 5 has been corrected and that this facility has been provided with approved exit signage at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved emergency lighting.  Both the exit signs and the emergency lighting shall be properly maintained as a required system of this facility.
	7.  During the January 13, 2004 hearing on this matter, the Board was advised that the Applicant is currently removing the interior floor covering and installing an approved class A floor covering at the direction and to the satisfaction of the Pawtucket Fire Marshals office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals office.
	9.  During the hearing the question of the common boiler room wall with the first floor apartment on side three was raised by the parties.  In order to provide the common wall with additional protection, the Board directs the Applicant to provide an approved sprinkler head on the boiler with approved fire stopping in the boiler room wall and repair the party wall at the direction and to the satisfaction of the Pawtucket Fire Marshal.  If additional sprinkler heads are necessary, the Applicant shall install them at the direction and to the satisfaction of the Pawtucket Fire Marshal.  The Applicant shall have 120 days from the date of this decision in order to effect the correction.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. (See:  Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of 
the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].